Perkins's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county. This was an appeal by Samuel C. Perkins from a decree of said court sustaining the exceptions of certain parties to the report of an Auditor in the distribution of the fund in the hands of the appellant, as substituted trustee under a marriage settlement.
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Appeal from the Court of Common Pleas, No. 1, of Philadelphia county. This was an appeal by Samuel C. Perkins from a decree of said court sustaining the exceptions of certain parties to the report of an Auditor in the distribution of the fund in the hands of the appellant, as substituted trustee under a marriage settlement. The facts were as follows: By a settlement executed in 1838 upon the marriage of John F. White and Carolina Peace, certain property of the latter was conveyed and transferred to Joseph Peace and Edward Peace, in trust for the uses and purposes therein expressed. Joseph…
1Opinion of the CourtJustice Sterrett
In his final account as trustee, under the deed of marriage settlement executed in 1838, appellant claimed credit, inter alia, “For professional services, prior to his appointment, $100; for compensation as trustee, $1,500.” Exception was taken to each of these credits. To the first, it was objected that the professional services in question were rendered not for the benefit of the trust estate, but in the special interest of the beneficiary for life; and, to the second, that the charge was excessive. Both of these exceptions were fully considered by the -learned Auditor and by lrim…
2Cases cited2 opinions
- In re Harland's AccountsSupreme Court of Pennsylvania · 1835
- Lowrie's AppealSupreme Court of Pennsylvania · 1856
3Cited by17 opinions
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- Griffith's EstateSuperior Court of Pennsylvania · 1929
- Estate of Peabody v. Lawrence CollegeWisconsin Supreme Court · 1935
- In re FelsonDistrict Court, N.D. New York · 1905
- Shellabarger v. Phoenix Savings Bank & Trust Co.Arizona Supreme Court · 1931
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